Online harms bill: firms may face multibillion-pound fines for illegal content – The Guardian

Posted December 15th, 2020 in bills, child abuse, consumer protection, fines, internet, news, suicide, terrorism by sally

‘Social media companies will need to remove and limit the spread of harmful content or face fines of billions of pounds, the UK government has announced, as it finally reveals the details of its proposed internet regulation. The online harms bill, first proposed by Theresa May’s government in April 2019, sets out strict new guidelines governing removal of illegal content such as child sexual abuse, terrorist material and media that promotes suicide, which sites must obey or face being blocked in the UK.’

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The Guardian, 15th December 2020

Source: www.theguardian.com

Timetable set out for judicial review and Human Rights Act reform – Law Society’s Gazette

Posted December 10th, 2020 in bills, constitutional law, human rights, judicial review, juries, news, parliament by sally

‘The Lord Chancellor has revealed the potential timetable for unveiling anticipated judicial review and human rights reforms.’

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Law Society's Gazette, 9th December 2020

Source: www.lawgazette.co.uk

Alison L Young: The Draft Fixed-term Parliaments Act 2011 (Repeal) Bill: Turning Back the Clock? – UK Constitutional Law Association

‘Things were different in 2010. If schools closed and households found themselves stuck indoors, or unable to travel abroad, it was due to snowstorms and erupting Icelandic volcanoes, not because of a pandemic. Moreover, if the then Prime Minister wished to dissolve Parliament, he did not need to adhere to the requirements of the Fixed-term Parliaments Act 2011, which fixed parliamentary terms to five years, allowing for early parliamentary general elections either following a vote of two-thirds of the House of Commons in favour of an early parliamentary general election, or following a vote of no confidence. Instead, so the draft Fixed-term Parliaments Act 2011 (Repeal) Bill would have us believe, the Prime Minister could dissolve Parliament and instigate a new general election by use of a prerogative power, at a date of his choosing unchecked by the courts, subject only to ensuring Parliament did not exceed its maximum term of five years.’

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UK Constitutional Law Association, 4th December 2020

Source: ukconstitutionallaw.org

Ministers urged to end delay on law curbing restraint on mental health patients – The Guardian

Posted December 1st, 2020 in bills, delay, hospitals, mental health, minorities, news, restraint by sally

‘Ministers are being urged to finally implement legislation restricting the use of dangerous restraint practices against patients in mental health units two years after it was passed.’

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The Guardian, 30th November 2020

Source: www.theguardian.com

Rough sex excuse in women’s deaths is variation of ‘crime of passion’ – study – The Guardian

‘Men who kill women are increasingly using the “sex game gone wrong” excuse as a contemporary variation on the traditional crime of passion defence, research has found.’

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The Guardian, 10th November 2020

Source: www.theguardian.com

Covid-19 prompts UK call for statutory paid bereavement leave – The Guardian

Posted November 9th, 2020 in bereavement, bills, charities, coronavirus, employment, families, news by sally

‘People who lose a close relative or partner should be entitled to two weeks’ statutory paid bereavement leave, the Sue Ryder charity has said.’

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The Guardian, 9th November 2020

Source: www.theguardian.com

Helen’s Law receives Royal Assent – Ministry of Justice

‘Killers who withhold information on their victims could spend longer behind bars.’

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Ministry of Justice, 4th November 2020

Source: www.gov.uk/government/organisations/ministry-of-justice

Forces claims bill condemned as attack on independent legal profession – Law Society’s Gazette

‘The Law Society has endorsed parliamentary criticism of proposed legislation aimed at curbing what the government calls vexatious claims against service personnel.’

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Law Society's Gazette, 30th October 2020

Source: www.lawgazette.co.uk

Campaigners hail dramatic government climbdown in battle to protect post-Brexit food standards – The Independent

Posted November 2nd, 2020 in agriculture, bills, brexit, food, food hygiene, news, ombudsmen, standards by sally

‘A dramatic government climbdown will protect post-Brexit food quality, delighted campaigners say – after fears that chlorinated chicken and hormone-fed beef would be allowed in. In another U-turn, Liz Truss has bowed to pressure to give teeth to a new watchdog to prevent trade deals, particularly with the US, watering down food and animal welfare standards.’

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The Independent, 1st November 2020

Source: www.independent.co.uk

The Covert Human Intelligence Sources (Criminal Conduct) Bill 2020 – Garden Court Chambers

‘The Government recently submitted the Covert Human Intelligence Sources (Criminal Conduct) Bill to Parliament. This Bill seeks to put the ability of undercover operatives to commit criminal offences in the course of their deployment on a statutory footing. It will be achieved by amending the Regulation of Investigatory Powers Act 2000 (RIPA) to allow a diverse range of state agencies to authorise their Covert Human Intelligence Source (CHIS) to commit criminal offences where necessary for protecting national security, preventing or detecting crime or disorder, or protecting the economic wellbeing of the UK. This will have the effect of making such activity “lawful for all purposes”, which, without providing so explicitly, effectively means full civil and criminal immunity for those who act within the terms of the authorisation.’

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Garden Court Chambers, 8th October 2020

Source: www.gardencourtchambers.co.uk

Stuart Wallace: A Triple Threat to the Rule of Law – UK Constitutional Law Association

Posted October 27th, 2020 in armed forces, bills, brexit, coronavirus, immunity, news, regulations, rule of law by sally

‘A trio of threats to the rule of law present themselves in parliament at this time: The Internal Market Bill, the Overseas Operations Bill and the inexorable flow of Health Protection Regulations. Before discussing the nature of the threats, it may be useful to highlight the distinct principles of the rule of law that are concerned. While the concept of the rule of law may have been debated by legal scholars for centuries, I am confident that adherents to both the substantive and formal conceptions of the rule of law would be equally affronted by recent developments in Parliament.’

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UK Constitutional Law Association, 27th October 2020

Source: ukconstitutionallaw.org

Jeff King and Stephen Tierney: The House of Lords Constitution Committee reports on the United Kingdom Internal Market Bill – UK Constitutional Law Association

‘The United Kingdom Internal Market Bill is something of an imperfect storm, provoking the ire both of the devolved authorities who consider it an unacceptable circumscription of devolved competence and those aghast that the Bill empowers ministers to act contrary to the UK’s international obligations. Today the Constitution Committee reports on the measure and doesn’t pull its punches. Its highly critical analysis is informed by several evidence sessions involving academics, legal experts and prominent parliamentarians including the Lord Chancellor.’

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UK Constitutional Law Association, 16th October 2020

Source: ukconstitutionallaw.org

Barristers on AG panels “should consider resigning”, says top QC – Legal Futures

‘One of the country’s leading QCs has suggested that barristers on the Attorney General’s panels should consider resigning in protest at the government’s hostility to the law and lawyers.’

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Legal Futures, 13th October 2020

Source: www.legalfutures.co.uk

Folk Heroes, Villains and the Overseas Operations Bill — Conall Mallory – UK Human Rights Blog

Posted October 13th, 2020 in armed forces, bills, limitations, news, prosecutions by sally

‘The Overseas Operations Bill (‘OOB’) aims to prevent what the government has long termed as ‘vexatious legislation’ being brought against members of the UK’s armed forces for their conduct in engagements abroad.’

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UK Human Rights Blog, 12th October 2020

Source: ukhumanrightsblog.com

What Is The Covert Human Intelligence Sources Bill? – Each Other

Posted October 13th, 2020 in bills, immunity, intelligence services, news, police by sally

‘The Covert Human Intelligence Sources Bill has received criticism from both Tory and Labour MPs – leading to 19 Labour MPs defying the party’s leadership to vote against it. But why do some find it controversial?’

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Each Other, 9th October 2020

Source: eachother.org.uk

Government to review Human Rights Act – Law Society’s Gazette

‘Lord chancellor Robert Buckland has revealed that the government is to commission an independent review of the Human Rights Act.’

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Law Society's Gazette, 7th October 2020

Source: www.lawgazette.co.uk

Brexit strategy risks UK ‘dictatorship’, says ex-president of supreme court – The Guardian

Posted October 8th, 2020 in bills, brexit, judges, ministers' powers and duties, news, parliament by sally

‘Lord Neuberger condemns internal market bill for exempting some of its powers from legal challenge.’

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The Guardian, 7th October 2020

Source: www.theguardian.com

Legal profession hits back at Johnson over ‘lefty lawyers’ speech – The Guardian

“Lawyers say government’s hostility risks stirring up hatred and undermining rule of law.’

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The Guardian, 6th October 2020

Source: www.theguardian.com

Back bill to ban marriage for under-18 in England and Wales, MPs urged – The Guardian

Posted October 6th, 2020 in bills, children, civil partnerships, consent, forced marriages, marriage, news by sally

‘The UK is undermining its international efforts to end child marriage because an exception to the law in England and Wales that allows 16 and 17-year-olds to marry with parental consent is putting children at risk, parliament will be told today.’

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The Guardian, 6th October 2020

Source: www.theguardian.com

No fault divorce – why lawyers like me hope new law can end the bitter blame game – Family Law

Posted October 2nd, 2020 in bills, divorce, families, family courts, legal profession, news, solicitors by sally

‘As a divorce lawyer, it is important to remember that you are the ultimate distress purchase. No-one starts their marriage thinking it will end in divorce. If the sad day does come when a marriage fails, emotions can run high. Parties can be quick to blame each other for the breakdown. They may think that in placing the blame at the door of the other spouse, they may achieve a better financial outcome, or more time with the kids. You may think “so far, so good” for divorce lawyers. Surely they will benefit from a “War of the Roses” style divorce battle with each party playing the blame game? After all, we all know the good Yorkshire saying: “Where there’s muck, there’s brass”.’

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Family Law, 30th September 2020

Source: www.familylaw.co.uk